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BOSTON (AP) – Continental Airlines Inc. can provide free wireless Internet access to its top customers at Logan International Airport despite the objections of the agency that runs the airport, the Federal Communications Commission ruled Wednesday.

The Houston-based airline installed Wi-Fi in its Presidents Club frequent fliers lounge in July 2004 for use for free by customers and employees.

The Massachusetts Port Authority, which operates Logan, demanded in June 2005 that Continental remove its Wi-Fi antenna, claiming it violated the airline’s lease and was contrary to FCC rules. Logan claimed it interfered with other wireless devices and “presents an unacceptable potential risk” to Logan’s safety and security systems, including its keycard access system and State Police communications.

Massport argued that travelers who needed Internet access could get it in other ways, including use of the airport’s own Wi-Fi service for a fee of $7.95 per day.

Continental argued that Massport did not have the authority to restrict its use of the technology and filed a complaint with the FCC.

The Federal Communications Commission agreed with the airline.

“Today we strike a victory for the Wi-Fi revolution in the cradle of the American revolution,” commissioner Jonathan S. Adelstein wrote in his decision. “The Wi-Fi movement embodies the spirit of American freedom, and in our action we say ‘Don’t tread on me.”‘

Wi-Fi does not interfere with safety and security communications systems, commissioner Michael J. Copps wrote in his decision.

The record is “uncontested … that allowing multiple Wi-Fi operators in the airport will cause no interference to the safety-of-life communications that the airport authority conducts on its dedicated, separate, and licensed public safety channels,” he wrote.

Massport is trying to determine its next move.

“We’re very disappointed in the ruling and we’re reviewing it carefully and weighing our options,” spokeswoman Danny Levy said.

Continental offers free Wi-Fi at all 27 of its Presidents Club lounges worldwide and service at Logan was never interrupted, airline spokeswoman Julie King said.

“We applaud today’s decision by the FCC because it will allow us to continue to offer free Wi-Fi access to customers at our Presidents Club in Boston,” she said.

Continental was supported in its petition to the FCC by airline industry groups, as well as technology groups and wireless providers.

The ruling opens the doors for other airlines to offer their own Wi-Fi service at airports across the nation, said Victoria Day, a spokeswoman for the Air Transport Association, an industry group whose members include most major U.S. passenger and cargo airlines.

“This really is a tremendous win for passengers,” Day said. “The ruling is not exclusive to Logan but extends to other airports as well. This ruling gives passengers a broader choice in accessing the internet while traveling.”

AP-ES-11-01-06 1806EST

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